My wife and I are buying a newly built duplex in The Hale and my conveyancer is advising me that she is duty bound to the lender to reveal incentives from the builder. I am nearing the developer’s deadline to exchange contracts and I would rather not delay deal. is my lawyer playing by the book?
You should not exchange unless you have been advised to do so by your property lawyer. A precondition to being on a bank panel is to comply with the UK Finance Lenders’ Handbook provisions. The CML Conveyancing Handbook requires that your lawyer have the appropriate Disclosure of Incentive form completed by the developer and accepted by your lender.
I am purchasing a new build house in The Hale with the aid of help to buy. The builders would not budge the amount so I negotiated five thousand pounds worth of fixtures and fittings instead. The property agent advised me not to tell my solicitor about the extras as it would affect my mortgage with the lender. Is this normal?.
All lenders require a Disclosure of Incentives Form from the builder of any new build, converted or renovated property, It is available online from the Lenders’ Handbook page on the CML website. CML form is completed and handed to the lender's surveyor when the inspection is done.
Lenders have different policies on incentives. Some accept none at all, cash or physical, while others will accept cash incentives up to 5%.
Hard to understand why the representative of a builder would be suggesting you withold information from a solicitor when all this will be clearly visible on forms the builder has to supply to its solicitor, the buyer's solicitor and the surveyor.
I opted to have a survey carried out on a property in The Hale in advance of retaining conveyancers. I have been advised that there is a flying freehold element to the house. Our surveyor advised that some lenders tend refuse to grant a loan on a flying freehold house.
It varies from the lender to lender. HSBC has different instructions for example to Halifax. Should you wish to call us we can look into this further via the relevant bank. If you lender is happy to lend one our lawyers can assist as they are used to dealing with flying freeholds in The Hale. Conveyancing may be slightly more expensive based on your lender's requirements.
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My father has urged me to use his lawyers for conveyancing in The Hale. Do I take his advice?
No doubt the best way to choose a conveyancing solicitor is to have feedback from friends or relatives who have experience in using the conveyancer you're contemplating using.